WP No. 37133 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 26-09-2025 CORAM THE HON'BLE MR JUSTICE R. SURESH KUMAR AND THE HON'BLE MR.JUSTICE HEMANT CHANDANGOUDAR WP No. 37133 of 2025 AND WMP Nos. 41550 and 41552 OF 2025 R.Silambarasan S/o.Rajendran, Colony Street, Vazhakkarai Taluk, Nagapattinam District ..Petitioner Vs 1. The District Collector Collectorate, Nagapattinam District. 2. The Revenue Divisional Officer Office Of The RDO, Nagapattinam District 3. The Tahsildar Taluk Office, Thirukkuvalai Taluk, Nagapattinam District 4. Sasikala D/o.Panneerselvam, No.1-96, Colony Street, Vazhakkarai Village, Melavazhakkarai, Nagapattinam-610 204 ..Respondents __________ https://www.mhc.tn.gov.in/judis WP No. 37133 of 2025 Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari calling for the records relating to the impugned Eviction Notice Na.Ka.No.1851-2025-AA2 dated 9.9.2025 issued by the 3rd respondent and quash the same as arbitrary, violative of natural justice and contrary to the observations of this Honble court in W.P.No.17707 of 2024 dated 7.8.2025 and consequently forbear the 3rd respondent from in any manner interfering with the petitioners possession and enjoyment of the property in Survey No.121/6,Vazhakarai village, Thirukkuvalai Taluk, Nagapattinam District, subject to disposal of any appeal and revision remedy provided in the Tamilnadu land Encroachment Act 1905 and further direct the 3rd respondent to follow the due process of law in accordance with the provisions of the Tamilnadu land Encroachment Act 1905. For Petitioner : Mr.T.Perinbanathan for Mr.J.Jawahar For Respondents : Mr.S.Arumugam, Government Advocate - for RR 1 to 3 R4 - Notice dispensed with ORDER (Order of the Court was made by R.Suresh Kumar J.) The impugned order dated 09.09.2025 has been issued, though under Section 6 of the Land Encroachment Act, 1905, before which, no notice under Section 7 has been issued. __________ https://www.mhc.tn.gov.in/judis WP No. 37133 of 2025 2. Heard the learned counsel for the petitioner and the learned Government Advocate for the official respondents. In view of the order that is going to be passed, notice to the 4th respondent is dispensed with. 3. Though already a writ petition has been filed by the fourth respondent for initiating action against the petitioner and another to remove such alleged encroachment, the Division Bench in its order dated 07.08.2025 has preserved the rights and contentions of both parties including the present petitioner, meaning thereby that notice has to be issued by the Revenue authorities under Section 7 of the Act and if such opportunity is given, the petitioner would be able to defend himself by giving a reply to such notice. 4. However, by citing the order dated 07.08.2025 of the Division Bench, straight away since eviction order dated 09.09.2025 has been issued, we are inclined to set aside the impugned order. Accordingly, the impugned order dated 09.09.2025 is set aside and the matter is remitted back to the __________ https://www.mhc.tn.gov.in/judis WP No. 37133 of 2025 respondents, especially the third respondent Tahsildar to invoke the provisions of Act 3 of 1905 including Section 7 of the Act by issuance of notice by giving time as stipulated therein to the petitioner to give a reply and thereafter action can be taken against him if need arises. 5. With the above directions, this writ petition is disposed of. No costs. W.M.P.No.41550 of 2025 is ordered and W.M.P.No.41552 of 2025 is closed. (R.S.K.,J.) (H.C.,J.) 26-09-2025 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No KST __________ https://www.mhc.tn.gov.in/judis WP No. 37133 of 2025 To 1. The District Collector Collectorate, Nagapattinam District 2. The Revenue Divisional Officer Office Of The RDO, Nagapattinam District 3. The Tahsildar Taluk Office, Thirukkuvalai Taluk, Nagapattinam District __________ https://www.mhc.tn.gov.in/judis WP No. 37133 of 2025 R.SURESH KUMAR J. AND HEMANT CHANDANGOUDAR J. KST WP No. 37133 of 2025 26-09-2025 __________ https://www.mhc.tn.gov.in/judis